Law Offices of Steven W. Hansen: Bills seeking to amend (or ameliorate the harsh effects of) the CPSIA

There are currently 13 bills and one resolution (as of this posting) winding their way through Congress which attempt to either directly amend the CPSIA and or limit its harsh effects. This can be done by actually "fixing" the problem, most likely giving the CPSC the ability to remove certain products or parts thereof from the lead and or phthalates limits, increasing the minimum limits allowable, by making it easier and quicker for companies to show that the offending part is not a threat to child safety or by a combination of all or some of the foregoing. Some of the bills just delay the inevitable on procedural grounds while other bills attempt to put a band aid over the problem without really fixing the law, which is the root of the problem. It is possible to protect children from lead and phthalates and at the same time create regulations that actually make sense to manufacturers and that are phased in in such a way that they dont create panic. The problem is that it is a very complicated process when looking at all of the thousands of types of consumer products the CPSC regulates. Congress painted with too broad a brush (as usual) and tried to simplify the approach to a "problem" which was not simple and was not widespread (contrary to panicky news reports about lead in toys). But as Congress is not in the business of manufacturing these products they did not understand the complexity, cost and scope of the problem or solving it. The next problem is making sure we don't make the problem worse with yet another bill. So massaging all these bills and getting a good result for all the different industries involved may prove to be quite challenging. I can't wait until they tackle something really complex like say banking regulations or health care.

1. H.R.968 : To amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Sponsor: Rep Shadegg, John B. [AZ-3] (introduced 2/10/2009) Cosponsors (22)
Committees: House Energy and Commerce
Latest Major Action: 2/10/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

2. H.R.1027 : To exempt second-hand sellers of certain products from the lead content and certification requirements of the Consumer Product Safety Improvement Act of 2008.
Sponsor: Rep Posey, Bill [FL-15] (introduced 2/12/2009) Cosponsors (5)
Committees: House Energy and Commerce
Latest Major Action: 2/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

3. H.R.1046 : To ensure the effective implementation of children's product safety standards under the Consumer Product Safety Improvement Act of 2008.
Sponsor: Rep Putnam, Adam H. [FL-12] (introduced 2/12/2009) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 2/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

4. H.R.1049 : To prohibit the sale of kitchen ranges or ovens which do not include a design, bracket, or other device which complies with an applicable consensus product safety standard intended to prevent the product from tipping.
Sponsor: Rep Stupak, Bart [MI-1] (introduced 2/12/2009) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 2/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

5. H.R.1465 : To amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Sponsor: Rep Ellsworth, Brad [IN-8] (introduced 3/12/2009) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 3/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

6. H.R.1510 : To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain all-terrain vehicles, and for other purposes.
Sponsor: Rep Rehberg, Denny [MT] (introduced 3/16/2009) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 3/16/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

7. H.R.1587 : To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain off-highway vehicles, and for other purposes.
Sponsor: Rep Rehberg, Denny [MT] (introduced 3/18/2009) Cosponsors (25)
Committees: House Energy and Commerce
Latest Major Action: 3/18/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

8. H.R.1692 : To amend the Consumer Product Safety Improvement Act to exempt ordinary books from the lead limit in such Act.
Sponsor: Rep Fortenberry, Jeff [NE-1] (introduced 3/24/2009) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 3/24/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

9. H.R.1796 : To amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes.
Sponsor: Rep Matheson, Jim [UT-2] (introduced 3/30/2009) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 3/30/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

10. H.R.1815 : To clarify the applicability of certain provisions in the Consumer Product Safety Improvement Act, and for other purposes.
Sponsor: Rep Barton, Joe [TX-6] (introduced 3/31/2009) Cosponsors (21)
Committees: House Energy and Commerce
Latest Major Action: 3/31/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

11. S.374 : A bill to amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Sponsor: Sen DeMint, Jim [SC] (introduced 2/4/2009) Cosponsors (7)
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 2/4/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

12. S.389 : A bill to establish a conditional stay of the ban on lead in children's products, and for other purposes.
Sponsor: Sen Bennett, Robert F. [UT] (introduced 2/5/2009) Cosponsors (None)
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 2/5/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

13. S.608 : A bill to amend the Consumer Product Safety Improvement Act of 2008 to exclude secondary sales, repair services, and certain vehicles from the ban on lead in children's products, and for other purposes.
Sponsor: Sen Tester, Jon [MT] (introduced 3/17/2009) Cosponsors (None)
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 3/17/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

14. S.AMDT.964 to S.CON.RES.13 To establish a deficit-neutral reserve fund to protect small and home businesses from the burdensome and impractical requirements of the Consumer Product Safety Improvement Act of 2008.
Sponsor: Sen DeMint, Jim [SC] (introduced 4/2/2009) Cosponsors (5)
Latest Major Action: 4/2/2009 Senate amendment not agreed to. Status: Amendment SA 964 not agreed to in Senate by Yea-Nay Vote. 39 - 58. Record Vote Number: 151.

April 19, 2009

Bills seeking to amend (or ameliorate the harsh effects of) the CPSIA